Case Details

Citation(s)
1982 SLG 1414 1982 SLD 1414 1982 PLC 96
Labour Appellate Tribunal, Sindh
Appeal No. KAR-258 of 1981, decided on 18th May, 1981,
Z. A. CHANNA, APPELLATE TRIBUNAL

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ZOQR TALAB

VS

STAR TEXTILE MILLS LTD.

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- --- S. 25-A-Grievance petition-Limitation When to start. It was argued before Labour Appellate Tribunal that the limitation of 2 months within which a grievance petition could be filed before a Labour Court under section 25-A of Industrial Relations Ordinance, 1969 was to commence from the date of receipt of reply of employer to the grievance notice from the workman Held: The requirement of law according to section 25-A of the Industrial Relations Ordinance, 1969 is that a workman whose right which is secured or guaranteed to him under any law, award or settlement, is infringed, may bring his grievance in respect of such infringement to the notice of his employer within 3 months of the date on which the grievance arose. In other words, the grievance notice must be received by the employer within 3 months of the grievance having arisen. If the reply of the employer had been given within 15 days of the receipt of the grie­vance notice. the limitation of 2 months within which the grievance petition could be filed, would start from the date of the receipt of the reply by the workman. But in cases where the reply to the grievance notice is given by the employer after the expiry of the period of 15 days from the receipt of the grievance notice, the period of limitation of 2 months would commence immediately upon the expiry of 15 days period, which has been given by the law to the employer to make a reply to the workman. Mahmood Ibrahim Bajwa for Appellant. Date of hearing: 18thMay, 1981. ORDER The appellant, who wag employed as a weaver in the respondent­ Company, was served with 2 charge-sheets, one dated 7th May, 1980, alleging that he had remained absent without leave for a period exceeding 10 days with effect from 26th April, 1980, and the other dated 18th June, 1980, charging him for riotous and disorderly behavior and attempting to assault the Deputy Weaving Master, Abdul Sattar. It appears that 2 separate domestic enquiries, one in respect of each charge-sheet, were instituted by the respondent-Company, and as the appellant was found guilty on both the charge-sheets, 2 separate dismissal orders, both dated…
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